DUI Refusal Cases

Anyone driving in California is deemed to have given consent to a blood or breath test following a lawful arrest for DUI. This is called "implied consent". If a DUI suspect refuses to submit to a chemical test, the arresting officer should read to the suspect an admonition which informs the person under arrest of his or her obligation to submit to a breath or blood test and the consequences of a refusal. The consequences include a one to three year license suspension and a minimum of forty eight hours in jail. The suspect should be told that they do not have the right to consult with an attorney prior to submitting to a test. If the police fail to give this admonition in full, the suspect cannot be held responsible for the increased penalties associated with the refusal.

The fact of a refusal to submit to a sample can be evidence of guilt in court if the case goes to jury trial. Ofcourse, this would depend on the reason for the refusal and whether there is a valid or believable explanation for it independant of the defendant trying to avoid responsibility.

A person cannot be convicted of DUI just because they refused to submit to a blood or breath test. There must be other evidence of guilt such as bad driving, poor performance of field sobriety tests or objective symptoms of impairment.

A suspect should be given the choice of test, blood or breath. Urine is no longer a choice of test, unless the DUI arrest is based on drugs, not alcohol. If the police believe that drugs are involved, or if a breath test is not available (for example following an accident, if the suspect is in hospital), the police may insist on a blood test.

Gold & Witham have successfully avoided license suspensions, jail time and DUI convictions for many clients arrested in circumstances where they have refused to submit to a blood or a breath test. These cases can be won with the right strategy. Please call 562 938 7771 for a free consultation.

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